10-2-9-4: WAIVER PROCEDURES; COMMERCIAL TREATMENT CREDIT PROCEDURE:

   A.   Application: All requests for waivers, as well as a request for a commercial treatment credit must comply with the following procedures:

      1.   An application must be submitted to the Public Works Department on a form provided by the department. If the department does not provide such a form, the application must be submitted to the department in writing; and

      2.   The application must state the specific grounds upon which the waiver is sought.

   B.   Department Decision; Appeal: Upon receipt of the application, the department shall review it and make a decision, in writing, within thirty (30) days. The decision of the department may be appealed to the Public Works Commission.

   C.   Notice Of Appeal: Notice of appeal shall be filed with the department within fifteen (15) days of the department's written decision granting or denying the waiver request, and should state the specific grounds upon which the appeal is based.

   D.   Meeting: Upon receipt of the notice of appeal, the Public Works Commission shall review it at a regularly scheduled meeting of the commission. Notice of the time and place at which the commission shall review the appeal shall be provided to the applicant within five (5) days of the date scheduled for review of the appeal. On the scheduled review date, the applicant may appear and present testimony to the Public Works Commission.

   E.   Burden Of Eligibility On Applicant: The applicant shall bear the burden of demonstrating eligibility for a requested waiver. The decision of the commission granting or denying a waiver, as well as its findings, shall be in writing. The decision of the commission may be appealed in accordance with section 10-2-9-9 of this chapter. (1952 Code § 8-11-09.04)